DUI

DUI defined

Vehicle Code section 23152(a) states: “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle”

Vehicle Code section 23152(b) states “It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”

If you have been charged with a DUI, chances are it is a violation of Vehicle Code section 23152(a) or 23152(b), or perhaps both. DUIs are probably one of the most common problems people run into. Whether your case involved prescription drugs, alcohol, or drugs, it is very important to get an attorney who understands the science behind a DUI. Problems can arise when the Police are giving you Field Sobriety Tests (FSTs) and through the handling the of the blood. It is important that you have an attorney go through the entire case with a fine tooth comb to ensure that no stone is left untouched when it comes to your case.

What Makes Us Different

DUIs are one of the most common offenses handled by The Law Offices of Lisa Wong. We are here to offer you experienced legal representation to fight the charges against you.

When it comes to DUI defenses, Attorney Lisa Wong does what is necessary to keep up to date with the most current law and studies. Aside from DUI seminars, Ms. Wong qualified to administer the Standardized Field Sobriety Tests (SFSTs). This means that Ms. Wong went through the same training that police officers go through when they learn how to administer the tests. When done properly, these test may be an indication of whether a person is under the influence. However, most law enforcement officers do not give these test properly, thus leading to skewed results. Having an attorney who can point out the flaws in the police investigation may make a big different in your case.

Having an experienced and trained lawyer who knows these tests is important. Our clients benefit greatly by having Ms. Wong attack the credibility of these officers.

Collateral Consequences: License Suspension

Whenever a person is arrested for a DUI, they are generally given a pink carbon copy of a document. Read this document carefully. Police officers generally hand them the document and tell our clients that this is going to be their temporary license for 30 days. What they fail to tell you or stress to our clients is that if you do not call the DMV within 10 days to request a DMV hearing, your license will be suspended. Most people do not find out about this until they speak with an attorney – generally 10 days after their arrest date.

If you have been arrested, contact our office immediately so that we can assist you in scheduling a DMV hearing.

If you have any questions, please contact one of the following Driver Safety Branch Offices:

LOCATION and TELEPHONE

Bakersfield(661) 833-2103

City of Commerce(323) 724-4000

City of Orange(714) 703-2511

Covina(626) 974-7137

El Segundo(310) 615-3500

Fresno(559) 445-6399

Oakland(510) 563-8900

Oxnard(805) 988-3050

Redding(530) 224-4755

Sacramento(916) 227-2970

San Bernardino(909) 383-7413

San Diego(858) 627-3901

San Francisco(415) 557-1170

San Jose(408) 229-7100

Van Nuys(818) 376-4217

length of suspension:

If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

A first offense will result in a 4-month suspension.

A second or subsequent offense within 10 years will result in a 1-year suspension.

Collateral Consequences: Points on your driving record

Having a DUI on your record is 2 points on your driving record. Depending on how many points you have accumulated within a period of time, the DMV may suspend your license for being a negligent operator.

Collateral Consequences: DUI Classes

When a person pleads guilty to a DUI in California, that person has to enroll in a DUI class. DUI classes can range from:

12 hours,

3 months,

9 months, or

18 months.

DMV Hearings

DMV hearings are administrative hearings that are unrelated to your criminal case. While the DMV hearing officer has no effect on your criminal case, the hearing officer has the power to take away your driving privileges and suspend your license. For the best opportunity in success, this type of hearing should be handled by a skilled and trained attorney.

DMV hearings must be scheduled within 10 days from the date of arrest. If you have been arrested, the officer will first take your driver’s license and then give you a pink “Notice of Suspension” paper. This pink piece of paper will act as a temporary license for 30 days. The most important part about this pink piece of paper is that it puts you on notice that you are entitled to a DMV hearing, only if you request it within 10 days of your arrest. If you do not request this hearing, your right to this hearing is waived.

Once you request this hearing, your restricted license will remain in effect until after the DMV has made a decision about whether they will suspend your license or not.

Getting Your License Back

If the DMV decides to suspend your license, you will get a mail notification that will tell you that the stay on your driving privileges has ended and the suspension will be re-imposed effective a certain date and will remain effect until a certain date.